Veena Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46553 of 2015 Arising Out of PS.Case No. -120 Year- 2015 Thana -MALSALAMI District- PATNA ======================================================
1. Veena Devi W/o- Late Shrawan Sao
2. Dinesh Kumar, S/o Late Shrawan Sao, Both are resident of Mohalla- Bhaisani Tola, P.S.- Malsalami, DistrictPatna .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Prashant Kumar, Advocate For the Opposite Party/s : Mr. Surendra Pd.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-02-2016 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. representing the State.
The petitioners seek bail in connection with Malsalami P.S. Case No. 120 of 2015 registered for the offence punishable under Section 304(B) / 34 of the Indian Penal Code. Deepa Devi, the daughter of the informant, was married to Vikki Kumar on 02.06.2015 and allegedly due to non-fulfillment of demand of dowry by way of motor-cycle, she was strangulated to death by the petitioners and her husband. Submission is of false implication and that the petitioner No. 1 who is an old mother-in-law and the petitioner
Patna High Court Cr.Misc. No.46553 of 2015 (4) dt.29-02-2016 2/3 No. 2 who is Devar have no concern with the family affair of the deceased and her husband. The husband is in custody, in the First Information Report it has come that the husband brought his wife from her Nahiar and thereafter he informed the informant about the incident and as such the petitioners who are suffering in custody since 24.06.2015 deserve sympathetic consideration, to which the learned APP duly assisted by the learned counsel for the informant opposes the prayer of bail by submitting that against the petitioners there is allegation for demanding dowry by way of motor-cycle.
In the facts and circumstances stated above, the petitioners, above named, who are mother-in-law and Devar, having no specific allegation are directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned Judicial Magistrate, 1st Class, Patna City in connection with Malsalami P.S. Case No. 120 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any
Patna High Court Cr.Misc. No.46553 of 2015 (4) dt.29-02-2016 3/3 reason shall disentitle the petitioners from privilege of bail. (Jitendra Mohan Sharma, J.) ajaypd./- U T